The Designation of West Bank Mosques as Israeli National Heritage Sites: Using the 1954 Hague Convention to Protect Against in Situ Cultural Appropriation

Abstract

This Article considers whether the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict should extend to protect against in situ appropriation of culturally significant sites. The Article examines the text and spirit of the Convention, and inquires whether the Convention imposes an obligation on Signing Parties to protect not just the physical integrity of culturally significant sites, but also the relationship of local peoples with those sites. The Article uses the recent dispute over the Ibrahimi and Bilal Bin Rabah Mosques (also called the Cave of Machpelah and Rachel’s Tomb, respectively) on the Palestinian West Bank as a lens through which to make this inquiry.

Keywords: cultural property, Hague Convention, armed conflict, cultural heritage, war, occupation, Israel, Palestine, West Bank